Capitol Fax.com - Your Illinois News Radar
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Pritzker asks Illinois Supreme Court to stay Clay County contempt hearing and resolve the underlying legal issues with the Bailey case

Monday, Aug 10, 2020 - Posted by Rich Miller

* Filed by the state with the Illinois Supreme Court today. The opening and closing paragraphs

On July 2, 2020, the Circuit Court of Clay County entered an unenforceable and nonappealable partial summary judgment order against Defendant-Petitioner J.B. Pritzker in his official capacity as Governor of the State of Illinois. On August 7, 2020, that court ordered the Governor to appear in the Clay County Courthouse on Friday, August 14 and show cause why he should not be held in indirect civil contempt for his purported disregard of the July 2 order. The Governor requests that this Court exercise its supervisory authority under Illinois Supreme Court Rule 383 on an emergency basis to immediately stay the contempt hearing set for August 14, 2020, pending the resolution of this motion. Additionally, the Governor asks this Court to exercise its supervisory authority to answer the underlying legal question raised by this case, which is whether the Governor acted within the scope of his authority under the Illinois Emergency Management Agency Act (“Act” or “IEMAA”), 20 ILCS 3305/1 et seq., and Illinois Constitution in issuing disaster proclamations and executive orders in response to the Covid-19 pandemic. […]

Defendant-Petitioner J.B. Pritzker, in his official capacity as Governor of the State of Illinois, requests that under Illinois Supreme Court Rule 383, this court immediately stay the contempt hearing scheduled for August 14, 2020, in this case pending the resolution of this motion. Additionally, the Governor requests that this Court answer the underlying legal question raised by this case, which is whether the Governor has acted within the scope of his authority under the Act and Illinois Constitution in issuing disaster proclamations and executive orders in response to the Covid-19 pandemic. In the course of definitively answering that important question, this Court should stay the proceedings below, expedite the response to this motion, and ultimately reverse the circuit court’s July 2, 2020 order.

  18 Comments      


Question of the day

Monday, Aug 10, 2020 - Posted by Rich Miller

* This Tribune editorial omits some important historical context to make its point. Lee Daniels’ Republicans had the map for ten years, but Daniels only controlled the chamber for two, which eventually caused his top contributors to soften their support. His longtime political patron was Gov. George Ryan, who, along with the Medical Society, saved him from a coup attempt after the 1990 electoral debacle. Ryan who was on his way out in 2002 and appeared headed for his own legal troubles. Attorney General Jim Ryan was the new party standard-bearer and he was running for governor on an ethics reform platform. And the then-Speaker of the US House, Dennis Hastert, wanted his own guy in as the state’s House Republican Leader

In June 2002, then-Illinois Republican Party Chairman Lee Daniels abruptly announced his resignation from that party post as pressure mounted, including from the GOP state attorney general, to remove unwanted “distractions” in an election year. Daniels and his chief of staff had fallen under the radar of federal prosecutors who were investigating whether GOP staff members did campaign work on state time. […]

Not long after, the House Republican caucus voted 33-18 to install a new House leader, Rep. Tom Cross, after Daniels lost support among his colleagues in that role too. Daniels had not been charged and was only peripherally linked to a time sheet scandal, but the whiff of a federal corruption probe pushed his members to force him out of leadership. […]

Shortly after [Daniels’ former chief of staff Michael Tristano’s] indictment in 2005, Daniels announced he would retire from his remaining position as a state representative. Daniels was not implicated in Tristano’s indictment, and he was never charged with wrongdoing. But he left anyway. A top GOP party and policy leader in the state who once held three positions of power was gone, pushed out by his own members and a nudge from the previous GOP attorney general, Jim Ryan, who had forwarded corruption allegations to federal investigators.

Under the lens of compare and contrast, then and now, one takeaway is this state’s breathtaking tolerance for corruption. It has settled into the system of governance and politics as its own permanent institution. Corruption is an expected byproduct of serving in public office, like wind makes waves.

Now it’s happening again with Madigan. He’s at the heart of a wide-ranging bribery probe involving utility giant ComEd. He has been served with subpoenas. At least three of his top aides’ and allies’ homes have been raided, along with other confidants targeted in inquires involving red-light camera bribes, sexual harassment payoffs, property tax clout and nepotism.

* The Question: Your thoughts on what Madigan should do now?

  34 Comments      


Protected: *** UPDATED x1 *** SUBSCRIBERS ONLY - Update to today’s edition

Monday, Aug 10, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** UPDATED x1 *** Another day, another lawsuit: Cook County Republicans sue to stop new vote by mail law

Monday, Aug 10, 2020 - Posted by Rich Miller

* Cook County Republican Party v. JB Pritzker et al, filed today in federal court in Chicago

1. Voting is a fundamental, constitutional right that is central to our American democracy.

2. Governor J.B. Pritzker violated this right by signing into law a partisan voting scheme that is designed to harvest Democratic ballots, dilute Republican ballots, and, if the election still doesn’t turn out the way he wants it, to generate enough Democratic ballots after election day to sway the result. See Public Act 101-0642 a/k/a SB 1863, 101st General Assembly (“SB 1863”). The remaining Defendants are charged with carrying out this partisan scheme.

3. This civil action for declaratory and injunctive relief is filed to stop SB 1863 from going into effect. The claims arise under the First and 14th Amendments of the U.S. Constitution; 42 U.S.C. Section 1983; 28 U.S.C. § 2201(a); and Article III, Section 4 of the Illinois Constitution.

* There are a ton of political claims made in the “Factual allegations” section

The Democrats in the Illinois General Assembly snuck through SB 1863 in five days, from May 18-22, 2020, by hijacking a bill about the Freedom of Information Act, amending it to advance their partisan election agenda, and rushing it to passage before the people of Illinois could weigh in with their opposition.

SB 1863 was introduced in the Senate on February 15, 2019, as an amendment to the Freedom of Information Act, passed the Senate on April 4, 2019, underwent First Reading in the House on April 9, 2019, underwent Second Reading in the House on May 22, 2019, and languished for a year.

SB 1863 was suddenly rewritten in 2020 by House Floor Amendment 5, which was filed on May 19, 2020, and House Floor Amendment 6, which was filed on May 21, 2020. The bill passed the House later the same day, with only one Republican voting in favor. The Senate passed it the next day, with no Republicans voting in favor. […]

SB 1863 creates a partisan voting scheme that is designed to directly disenfranchise voters disfavored by Pritzker, to dilute the votes of those disfavored by Pritzker, and to violate the secrecy of voting in Illinois.

Many aspects of SB 1863 work together to create the scheme by which Pritzker plans to disenfranchise the Republican Party

The scheme begins by putting as many ballots into play for the election as possible by mailing an application for a mail-in ballot to every voter who voted in the 2018 general election, the 2019 consolidated election, or the 2020 general primary election. 10 ILCS 5/2B-15(b). That amounts to roughly 5 million mail-in ballot applications, which were supposed to have been sent by August 1.

A high likelihood exists that applications were sent to people who may no longer be eligible to vote in Illinois. For example, the Wall Street Journal discovered that at least one former voter in Washington state recently received his ballot in the mail at his new address in Texas.

The states that use mail-in voting took years to perfect their process as they enlarged eligibility gradually before launching statewide. Implementing vote- by-mail is a learning process. State officials must identify qualified vendors for printing ballots, develop tracking systems so voters can be assured their ballots will arrive on time, and develop methods of reviewing signatures that reduce the number of rejected ballots. Doing so takes “decades, not months.”

Attempting to implement a process overnight in a state as large as Illinois will inevitably lead to thousands of lost and delayed ballot applications and ballots. A recent election in another large state that rushed into voting by mail shows the perils that lie ahead for Illinois. Over 80,000 New York City Democratic presidential primary ballots were not counted in the June 23 election because they arrived late, lacked a postmark, failed to include a signature, or contained other defects. This number meant that a staggering 21% of the votes cast were not counted.

The hurried nature of implementation is not the only hurdle Illinois faces. Illinois state government is one of the most inept in the Union, and the public has no reason to expect a vote-by-mail system to work any more smoothly than a variety of projects Illinois has stumbled through in recent years.

For example, Illinois has suffered more than 120,000 cases of unemployment fraud during the ongoing COVID-19 pandemic.

And it goes on and on like that for a while.

* To the meat of it

Among many of the practical deficiencies of the Illinois vote-by-mail scheme is that it does not comport with recommendations issued by the United States Postal Service.

According to the USPS Inspector General, “ballots requested less than seven days before an election are at a high risk of not being delivered, completed by voters, and returned to the election offices in time.”

But Illinois allows voters to request an absentee ballot as late as October 29, 2020 – three business days before the election.

Indeed, the Inspector General’s report indicates that the Illinois deadline “put[s] ballots at high risk of not being delivered to voters before an election.”

Also, the Inspector General’s report states that “election offices should be educated on the benefits [that Intelligent Mail Barcodes] provide.” Id. at 7. Intelligent Mail Barcodes (IMbs) allow mailers and the Postal Service to track each ballot and would enable the Postal Service and election authorities to track ballots and identify delays.

SB 1863 makes no provision that mail ballots be tracked with IMbs or any other tracking device; therefore, thousands of voters will be disenfranchised when their ballots are lost in the mail.

For the ballots that are received by election authorities, the system for counting so many mail-in ballots will be overtaxed, leading to lax procedures for ensuring the secrecy of the ballot.

In addition to incompetence, SB 1863 will breed corruption. While other states may use mail-in voting, implementing a system overnight “in a state as notorious for election fraud as Illinois is” will open the door to criminal activity. Nader v. Keith, 385 F.3d 729, 733 (7th Cir. 2004). As the Seventh Circuit Court of Appeals already recognized, “Oregon, for example, has switched to a system of all- mail voting. O.R.S. § 254.465. But what works in the state of Oregon doesn’t necessarily work in Illinois, especially in light of the colorful history of vote fraud we’ve seen.”

The provision of the voting scheme that is most important to committing voter fraud is ballot harvesting. SB 1863 allows for ballot harvesting, in which a paid, partisan operative may collect Democratic mail-in ballot applications and ballots to ensure that they are turned in and counted and may collect Republican mail-in ballot applications and ballots to ensure that they are not turned in and counted.

And, again, it goes on like that for a while.

* To the postal service aspect, here’s Bernie

As he was planning last month for the rollout of the state’s new rules concerning mail-in ballots for the Nov. 3 election, Sangamon County Clerk Don Gray said he wouldn’t be using the option of having drop-boxes.

Gray, whose office oversees elections in the county, had said that he had “concerns about the chain of custody of ballots” if they weren’t mailed or brought to his office in person during business hours.

But after receiving a copy of an ominous letter from the general counsel of the United States Postal Service, Gray is rethinking his position.

″… (U)nder our reading of Illinois’ election laws, certain deadlines for requesting and casting mail-in ballots are incongruous with the Postal Service’s delivery standards,” said the July 30 letter from Thomas Marshall. “This mismatch creates a risk that ballots requested near the deadline under state law will not be returned by mail in time to be counted under your laws as we understand them.”

That USPS letter is here.

*** UPDATE *** Jordan Abudayyeh in the governor’s office…

This lawsuit is a desperate political attempt to suppress the vote.

  24 Comments      


New rental assistance program will help, but it’s likely a drop in the bucket

Monday, Aug 10, 2020 - Posted by Rich Miller

* You gotta figure this money will go fast. Like lightning fast

Illinois residents struggling to pay their rent because of a lost a job or reduced income due to COVID-19 can now apply for state assistance through the Emergency Rental Assistance program.

“For too many people weathering this crisis begins with keeping a roof over their family’s heads,” Gov. J.B. Pritzker said Monday. “Even before this pandemic, over 70% of low-income families dedicated more than half (of their) income to rent, and now nearly 1 in 3 renters are worried about (their) ability to pay August rent.”

The Illinois Housing Development Authority has set aside $150 million in federal funds to help approximately 30,000 residents pay their rent due to a pandemic-related loss of income. To be eligible for the grant, renters must have fallen behind on rent on or after March 1 and have a household income at or below 80% of the area median income. Interested renters can also check their eligibility online.

The one-time $5,000 grants will be paid directly to a renter’s landlord to pay back missed rent and cover rent payments through December.

I mean, before this crisis began, 450,590 Illinois households were classified as “extremely low income,” which is 27 percent of the approximately 1.8 million renting households in this state.

I don’t know how many times I have to say this, but the federal government really needs to get its act together.

  9 Comments      


1,319 new cases, 1 additional death, 4.1 percent positivity rate

Monday, Aug 10, 2020 - Posted by Rich Miller

* Press release…

The Illinois Department of Public Health (IDPH) today announced 1,319 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 1 additional confirmed death.

    - Cumberland County: 1 female 90s

Currently, IDPH is reporting a total of 195,399 cases, including 7,637 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 32,353 specimens for a total of 3,106,341. The preliminary seven-day statewide positivity for cases as a percent of total test from August 3 – August 9 is 4.1%. As of last night, 1,481 people in Illinois were reported to be in the hospital with COVID-19. Of those, 352 patients were in the ICU and 138 patients with COVID-19 were on ventilators.

Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.

*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.

* Sunday…

The Illinois Department of Public Health (IDPH) today announced 1,382 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 8 additional confirmed deaths.

    Cook County: 1 female 20s, 1 female 40s, 1 male 40s, 1 male 50s, 1 female 60s, 2 males 60s
    Pulaski County: 1 male 60s

Currently, IDPH is reporting a total of 194,080 cases, including 7,636 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 41,354 specimens for a total of 3,073,988. The preliminary seven-day statewide positivity for cases as a percent of total test from August 2 – August 8 is 4.1%. As of last night, 1,488 people in Illinois were reported to be in the hospital with COVID-19. Of those, 322 patients were in the ICU and 114 patients with COVID-19 were on ventilators.

* Saturday…

The Illinois Department of Public Health (IDPH) today announced 2,190 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.

    Bureau County: 1 female 80s
    Cook County: 1 male 40s, 2 males 70s, 1 male 80s
    DuPage County: 1 female 80s
    Kane County: 1 male 80s, 1 female 90s
    Lake County: 1 male 60s
    Madison County: 1 female 70s, 1 male 80s
    Mercer County: 1 female 80s
    Rock Island County: 1 male 70s, 1 male 80s
    St. Clair County: 1 male 60s
    Whiteside County: 1 male 80s
    Winnebago County: 1 female 60s, 1 male 70s

Currently, IDPH is reporting a total of 192,698 cases, including 7,631 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 48,016 specimens for a total of 3,032,634. The preliminary seven-day statewide positivity for cases as a percent of total test from August 1 – August 7 is 4.2%. As of last night, 1,538 people in Illinois were reported to be in the hospital with COVID-19. Of those, 338 patients were in the ICU and 125 patients with COVID-19 were on ventilators.

  6 Comments      


Lather, rinse, repeat

Monday, Aug 10, 2020 - Posted by Rich Miller

* July 2008

With gun violence at a crisis, Gov. Rod Blagojevich on Wednesday said he is in talks with Illinois State Police and the Illinois National Guard to see if more police officers can be deployed to the streets of Chicago.

* April 2010

Two lawmakers who believe violence has become so rampant in Chicago that the Illinois National Guard must be called in to help made a public plea to Gov. Pat Quinn on Sunday to deploy troops.

A recent surge in violent crime, including a night last week that saw seven people killed and 18 wounded — mostly by gunfire — prompted the request from Chicago Democratic Reps. John Fritchey and LaShawn Ford. They were joined by Willie Williams, whose son was shot and killed in 2006.

* August 2016

As Chicago capped off its deadliest month in almost 20 years, Gov. Bruce Rauner on Wednesday ruled out the idea of deploying the National Guard to help combat street violence in the city, saying that to do so would be an “emotional” reaction that “wouldn’t make sense.”

* Today…

Illinois House Republican Leader Jim Durkin (R-Western Springs) released the following statement on the looting, rioting and violence that has occurred in the city of Chicago:

“Once again, Illinois government has failed to protect its residents and businesses. It is time to bring in the National Guard and accept any and all federal assistance to stop the chaos that is destroying our state. No more excuses. No more failures.”

Also today…


Yes, the Guard was called out in the wake of the George Floyd protests, but they were kept on the perimeter.

  32 Comments      


Report: Big Ten cancels football season

Monday, Aug 10, 2020 - Posted by Rich Miller

* Detroit Free Press

The Big Ten has voted to cancel the 2020 college football season in a historic move that stems from concerns related to the ongoing coronavirus pandemic, multiple people with knowledge of the decision confirmed to the Free Press.

The sources requested anonymity because they were not authorized to speak publicly on the decision. A formal announcement is expected to Tuesday, the sources said.

The presidents voted, 12-2, Sunday to end the fall sports in the conference. Michigan and Michigan State — which both has physicians as presidents — voted to end the season, sources said. Only Nebraska and Iowa voted to play, Dan Patrick said on his radio show Monday.

The move comes two days after the Mid-American Conference became the first in the FBS to cancel ts season, and sources told the Free Press the Big Ten is trying to coordinate its announcement with other Power Five conferences.

  35 Comments      


Protected: SUBSCRIBERS ONLY - Fundraiser and event list

Monday, Aug 10, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** UPDATED x1 *** Civil RICO case filed against Madigan, ComEd and others

Monday, Aug 10, 2020 - Posted by Rich Miller

* Just remember that anyone can sue anyone for just about anything, but this may leave a mark…

Earlier today, a putative class of Commonwealth Edison customers filed a civil racketeering lawsuit against Illinois Speaker of the House Michael Madigan, Commonwealth Edison Company (“ComEd”), ComEd’s parent Exelon Corporation, and several other defendants.

Stuart Chanen and Ariel Olstein of Chanen & Olstein; Patrick Giordano of Giordano & Associates, Ltd.; and Paul G. Neilan of The Law Offices of Paul G. Neilan, P.C., all Chicago-area lawyers, filed a two-count class action Complaint in federal court under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), Potter et al. v. Madigan et al., 20 cv 4675, Dkt. 1 (N.D. Ill. Aug. 10, 2020).

The lawsuit, a copy of which is attached, alleges one count of racketeering under RICO’s civil provisions and one count of RICO conspiracy. The lawsuit asks for the following relief for ComEd’s consumers:

    1. Payment by Defendants of at least $450 million in damages to ComEd consumers, including the $150 million in ill-gotten gains ComEd has admitted to and an additional $300 million under the RICO Act’s treble damages provision.
    2. Immediate injunctive relief preventing Michael Madigan from participating in legislative activities involving electricity matters affecting Commonwealth Edison and Exelon.
    3. Immediate injunctive relief preventing Michael Madigan from continuing to Chair the Democratic Party of Illinois and running it as a corrupt organization.
    4. Additional injunctive relief enjoining ComEd from continuing to charge consumers for subsidies of Exelon-owned nuclear power plants.

Attorney Stuart Chanen, a former Assistant U.S. Attorney who in private practice has won major civil rights cases on behalf of wrongfully convicted individuals, said: “We filed our civil RICO case now to protect Illinois ratepayers from further damage by Michael Madigan – in both his capacity as Speaker and as Chair of the Democratic Party of Illinois – and also to get our clients back the damages they have suffered from ComEd’s and Madigan’s bribery scheme.”

Mr. Chanen pointed out that neither the U.S.’s July 17 federal criminal case against ComEd, nor the fact that Madigan has not yet been included in that case, prohibit ComEd customers from obtaining injunctive relief against Madigan or from pursuing damages against ComEd in a civil RICO action.

In addition to Michael Madigan, among the prominent figures named as Defendants, are: former ComEd CEO Anne Pramaggiore; former ComEd EVP John Hooker; former ComEd SVP Fidel Marquez; Jay Doherty, the longtime President of the City Club of Chicago; and former City of Chicago Alderman Michael R. Zalewski.

In crafting the Complaint, Plaintiffs’ lawyers rely heavily on the admissions ComEd had already made in its Deferred Prosecution Agreement with U.S. Attorney John Lausch. ComEd’s admissions strongly implicated all of the Defendants. The Complaint puts particular emphasis on ComEd’s admission that it profited from the bribery scheme in excess of $150 million.

Because ComEd admitted the over $150 million bonanza and because the RICO statute specifically includes a treble damages award to punish racketeers, Attorney Patrick Giordano said that ComEd should carefully consider this choice: “Pay back the $150 million to ratepayers now or pay a joint and several $450 million judgment down the road.”

This case is not these lawyers’ first battle with ComEd. Attorney Patrick Giordano has 40 years of experience in litigation against ComEd and has won over $3 billion in refunds and rate reductions for consumers. Paul Neilan has twenty years of experience litigating against ComEd, including a 2013 lawsuit in Cook County challenging one of the very statutes, the Energy Infrastructure Modernization Act (“EIMA”), which we now know was procured through a bribery scheme. Mr. Chanen was co-counsel with Mr. Neilan in that case, Hawkins v. Commonwealth Edison Company, 2015 IL App (1st) 133678.

Mr. Neilan summed up matters this way: “Back then, our clients were the lone wolves crying foul. We knew that EIMA was bad for the ratepayers and obliterated any true regulation of ComEd as a utility. We also knew that Speaker Madigan had crammed the legislation through the General Assembly – we just didn’t know then that he did so as payback for numerous bribes ComEd had paid to his associates. But we know it now.”

No hearing date has been set in this case.

Some bold claims there.

The complaint is here.

*** UPDATE *** ComEd responded to Center Square

“We apologize for the past conduct that did not live up to our values and have made significant improvements to our compliance practices to ensure that nothing like it ever happens again,” said ComEd Vice President of Communications Paul Elsberg. “The improper conduct described in the deferred prosecution agreement, however, does not mean that consumers were harmed by the legislation that was passed in Illinois.”

“The DPA makes no such allegations, and in fact the bipartisan legislation resulted in substantial benefits for ComEd’s customers, including 70 percent improved reliability since 2012 and billions of dollars in savings for customers, while residential customers’ bills are lower than they were nearly a decade ago and ComEd recently requested a third delivery rate decrease in a row, its fifth in 10 years,” Elsberg said. “ComEd has made some of the largest improvements in service at the best value of any utility serving a U.S. major metro area. This in no way excuses the conduct described in the DPA, but that is a distinct issue from the effect of the legislation for ComEd’s customers.”

“We filed our civil RICO case now to protect Illinois ratepayers from further damage by Michael Madigan – in both his capacity as Speaker and as Chair of the Democratic Party of Illinois – and also to get our clients back the damages they have suffered from ComEd’s and Madigan’s bribery scheme,” said attorney Stuart Chanen.

  37 Comments      


Welch demands consequences, including bans, for miserable failure to reach contracting goals

Monday, Aug 10, 2020 - Posted by Rich Miller

* After weeks of prodding, HFS finally released the racial data for Medicaid managed care providers. And the results are not pretty. Press release…

State Rep. Emanuel “Chris” Welch, D-Hillside, is calling on Illinois Medicaid providers to face consequences for failing to meet fair contracting goals for businesses owned by racial and ethnic minorities and women.

“As the largest health insurance program in Illinois, Medicaid offers the ability for the state and its health care partners to demonstrate a commitment to equity and inclusion in contracting for services,” Welch said. “Unfortunately, most providers in the Illinois Medicaid program have failed to meet fair contracting goals. This failure is a disservice to the patients served by Medicaid, the health care professionals that serve those patients, and all the people of Illinois.”

The Illinois Department of Healthcare and Family Services (HFS) recently released fair contracting data for Illinois Medicaid providers after a request by Welch. The six Medicaid providers for the state, Blue Cross and Blue Shield, CountyCare, IlliniCare, Meridian, Molina, and Next Level, met just 52% of their combined fair contracting goal. Only one of the six providers, IlliniCare, met or exceeded fair contracting goals. Without the inclusion of IlliniCare, the other five providers met less than 40% of their combined fair contracting goals.

Welch is demanding that HFS explore penalties against Medicaid providers for failing to meet fair contracting goals. Penalties could include clawing back money paid to the providers, fining the providers, or banning them from doing business with the state.

“Economic justice is a critical aspect of racial justice and the goal of fair contracting standards is to advance economic justice. Unfortunately, most health care providers in Medicaid are failing to meet fair contracting goals and failing to meet the urgent need for economic and racial justice,” Welch said. “The health care providers that have failed to meet contracting goals for Medicaid need to face consequences for their lack of commitment to economic justice and fair contracting.”

* Click the pic for a larger view, but take a look at these numbers

CountyCare is run by Cook County. I cannot imagine how President Preckwinkle justifies those numbers. An $18.8 million goal and Black-owned businesses make up less than a million bucks?

And does it look to you like Molina is even trying?

This is not some new program that was foisted on companies a few months ago. HFS needs to crack down hard on managed care groups that don’t or won’t live up to statutory expectations. And the maximum allowable $100,000 fines will be just a drop in the bucket. I mean, that’s equivalent to the cost of maybe one employee.

Our politicians like to talk a lot about our state’s diversity, yet the state can’t even meet smallish goals on huge multi-billion-dollar programs. It’s just downright shameful.

  20 Comments      


Pritzker again defends his emergency rule on masks

Monday, Aug 10, 2020 - Posted by Rich Miller

* Tribune

Gov. J.B. Pritzker was joined by several medical experts Sunday afternoon to urge Illinoisans to mask up and help stop the spread of the coronavirus.

At a news conference at Northwestern’s Prentice Hospital, Pritzker called mask requirements and physical distancing during a pandemic “common sense,” noting the majority of Americans support a mask mandate, and that health professionals with whom he has spoken all count masking and distancing among the most effective ways to slow the virus’s spread.

“In the last few months, research has evolved from the early days of the coronavirus, when it was shown that wearing masks protected others you’re with,” Pritzker said. “Now, study after study after study has shown us that if you wear a mask, it protects you too.”

* Sun-Times

Pritzker said having rules requiring masks and proper social distancing makes “common sense.” But his new rule changes were met with some opposition.

The Illinois Retail Association on Friday issued a statement, saying Pritzker should focus on the customers who refuse to wear a mask rather than “demonize innocent businesses.” In the political realm, Illinois House Republican leader Jim Durkin on Friday called on Pritzker to “abandon his mask rule” and work with legislature on the issue.

On Sunday, Pritzker said a public health crisis shouldn’t be politicized.

“The worst possible outcome for public health right now is to turn this into political football,” he said. “There’s an unfortunate tendency in our politics these days to dig in your heels in a debate — but our actions in a public health crisis should be inspired not by elected officials, but by the scientists and doctors and researchers who know this stuff firsthand.”

* NBC 5

Pritzker’s comments come as the state continues to face an increase in coronavirus cases, with nearly 1,400 more cases reported Sunday alone. The state’s 7-day rolling positivity rate currently sits at 4.1%, which is significantly lower than it was at the peak of the pandemic, but is much higher than it was at the metric’s low-point in June.

The governor says that the new rules on enforcement actions are designed not to punish violators, but to encourage them to adhere to rules that many businesses and individuals are following across the state.

“We’re doing this for the businesses that are following the rules while their competitors flout them,” he said. “We’re doing this for the people who have to work in the stores where their bosses won’t enforce public health rules, thereby putting their lives and health at risk.”

* Some press releases issued yesterday. From Illinois State Medical Society President Robert W. Panton…

I was proud to stand with Governor Pritzker today to demonstrate the Illinois State Medical Society’s support for widespread public mask use. It is incredibly important that Illinoisans take mask use seriously. Our state can’t bring any semblance of normal back if our COVID-19 infection rates continue to increase. Illinois is in real danger of a major setback and the likely reintroduction of more restrictions. Businesses will suffer because the economy will continue to struggle if the pandemic is not contained. Not to mention the unnecessary suffering and deaths that this virus brings with it.

The simple action of mask use will make a huge difference. To those of you wearing masks and social distancing. Good job! To those of you choosing not to wear a face covering, listen to your doctor. Wear a mask.

* A.J. Wilhelmi, President & CEO of the Illinois Health and Hospital Association…

The Illinois Health and Hospital Association (IHA) and the hospital community strongly support the Governor and IDPH in taking this decisive action – based on public health and science – to protect Illinoisans against a rapidly spreading, deadly pandemic. Numerous studies demonstrate that face coverings are highly effective in slowing the spread of the coronavirus, which is critically important now as communities across the state are seeing troubling increases in new COVID-19 cases. We respectfully urge the Joint Committee on Administrative Rules to allow the emergency rules on face coverings to move forward to help ensure the health and safety of students and teachers, employees and customers, healthcare professionals who are on the frontlines providing lifesaving care, and our loved ones and neighbors.

* George N. Miller, board member of the Illinois Association of Safety Net Community Hospitals (ASNCH) and President and CEO of The Loretto Hospital…

As safety-net hospitals, we have seen firsthand the devastating effects that the COVID-19 pandemic has taken on some of the vulnerable communities in our state, disproportionately affecting low-income and minority populations. The toll this pandemic has taken on safety net healthcare providers has never been more evident, exhausting what limited resources and scarce reserves they have to help provide care and services to an overwhelming number of patients. The time has come and passed for there to be policies put in place to help protect people from further exposure and provide consequences for those who knowingly disregard them, putting everyone around them at risk.

We stand in support of the governor’s proposed rules requiring face coverings for businesses, schools, and childcare providers. It is up to our elected leaders to make the decisions needed to help stop the spread of COVID-19, and while they are never easy, they are now more than necessary. Black and brown communities have unfairly suffered the brunt of this pandemic since the beginning, with a loss of life and economic activity that will take years to recover from. These proposed rules are a more than reasonable step to help lower the transmission of this virus and ultimately help halt the pandemic that has devastated the communities we serve.

* Illinois Public Health Association…

On behalf of the 88 certified local health departments our association represents, we stand in support of these emergency rules proposed by the governor to help stop the spread of COVID-19 and protect the health of the public. The last few days have shown an alarming increase of COVID-19 cases, and it’s clear that in order to protect the safety and wellness of our communities, something must be done to enforce the needed precautions to help save lives. Leadership in these uncertain times requires tough decisions that are rooted in fact and science to help slow the spread of this pandemic, and those who knowingly put others at risk of exposure must be held accountable.

These proposed rules allow for multiple opportunities and flexibility to help businesses and others come into compliance. As frontline defenders of the public’s health, we have a responsibility to support initiatives that are proven to help prevent the spread of this virus, and we believe these proposed rules are a measured and necessary step to reduce future transmission of coronavirus and ultimately save many lives across our state. It is incumbent on all of us to do our part to keep Illinois citizens safe. We implore the public to voluntarily comply with these emergency rules in order to combat the spread of COVID-19.

* Chicago is not a member of the state public health association, but the city’s public health commissioner, Dr. Allison Arwady, released this statement yesterday…

Wearing masks and practicing proper social distancing are absolutely vital to containing the spread of this virus. We have seen a recent uptick in cases so need everyone to continue to follow this and other health guidance as the response to COVID-19 continues.

  29 Comments      


Moody’s says Tillman bond lawsuit will likely prevent state from issuing backlog bonds

Monday, Aug 10, 2020 - Posted by Rich Miller

* Background is here if you need it. Press release…

On p. 22 of its new Credit Outlook released today (attached), Moody’s notes last week an appellate court for the State of Illinois (rated Baa3/negative outlook) reversed a lower court’s dismissal of a case challenging approximately $14 billion in outstanding general obligation (GO) debt for non-capital needs. The ruling is credit negative for the state because it prolongs a legal challenge that, while unlikely to prevail, carries severe risk and limits the state’s financial options at a time when the coronavirus pandemic is weighing on revenue. A court-ordered debt service disruption would harm bondholders and other parties, as well as the state’s capital market access.

Nothing in the appellate court opinion signals support for the plaintiff’s stated goal of forcing the state to stop paying debt service on bonds still outstanding from a $10 billion pension issue in 2003 and a $6 billion payment backlog financing issue in 2017. The state’s debt also includes $13 billion of GO bonds for capital projects and another $1.2 billion of one-year GO notes issued under state law allowing borrowing for unexpected deficits. We still view an ultimate ruling in favor of the plaintiff as highly unlikely, in view of the state’s constitutional power to borrow for statutorily defined needs.

An appellate court ruling at this stage supporting the lower court (and dismissing the case) could have settled questions on the state’s ability to use statutorily authorized debt for pension or bill-payment purposes and potentially alleviated some of the investor concern that has driven up Illinois’ borrowing costs compared with other issuers. The state’s fiscal year 2021 (ending June 30, 2021) general fund budget includes the potential issuance of about $1.3 billion in additional backlog bonds, which could provide a cushion if budget pressures intensify in the fiscal year’s second half. The existence of litigation against the backlog bonds would likely keep the state from using this option even if voters in November defeat a proposal to allow the state to raise revenue by imposing a progressive income tax.

Moody’s declaration of “credit positive” or “credit negative” does not connote a rating or outlook change. It is indicative of the impact of a distinct event or development as one of many credit factors affecting the issuer.

  5 Comments      


Presidential EO raises more questions than answers on unemployment benefits

Monday, Aug 10, 2020 - Posted by Rich Miller

* AP

Trump announced an executive order Saturday that extends additional unemployment payments of up to $400 a week to help cushion the economic fallout of the pandemic. Congress had approved payments of $600 a week at the outset of the coronavirus outbreak, but those benefits expired Aug. 1 and Congress has been unable to agree on an extension. Many Republicans have expressed concern that a $600 weekly benefit, on top of existing state benefits, gives people an incentive to stay unemployed.

But under Trump’s plan, the $400 a week requires a state to commit to providing $100.

Many states are already facing budget crunches caused by the pandemic. Asked at a news conference how many governors had signed on to participate, Trump answered: “If they don’t, they don’t. That’s up to them.”

Trump expressed a different view on Sunday night, following a day of state officials questioning how they could afford even $100 per person in additional weekly payments. He told reporters as he returned to Washington that states could make application to have the federal government provide all or part of the $400 payments. Decisions would be made state by state, he said.

* CNN

Because Congress has not authorized an extension of extra federal unemployment assistance, the state will have to set up an entirely new system to deliver the additional aid.

“The state has to enter an agreement saying not only can they pay the benefit, but that they have some ability to administer the benefit,” said Michelle Evermore, an unemployment expert at the National Employment Law Project.

Building a brand new program could take states months to accomplish, Evermore said. She added Trump needed to do it this way because “in order for states to administer a benefit it has to be authorized by Congress, so they can’t use their administrative systems to pay a benefit that hasn’t been authorized by Congress.”

Few will be helped. Evermore, one of the nation’s leading experts on unemployment, told CNN she considered the chances of this effort helping many of the newly unemployed due to Covid-19 “low.”

Lastly, according to the memorandum, an individual can only receive the $300 federal benefit if he or she first qualifies for $100 in aid from their state. Evermore said this will cut out a large group of people. “There are so many problems with people getting a benefit under this,” she said.

* Statement from Gov. JB Pritzker…

Serious problems require serious leadership, which is why it’s a shame Donald Trump is in the White House. The President needs to do what’s right and work with Congress to pass a comprehensive aid package that supports working families instead of legally questionable theatrics.

  19 Comments      


Costa Howard: “I need to be able to look myself in the mirror every day”

Monday, Aug 10, 2020 - Posted by Rich Miller

* My weekly syndicated newspaper column

“I need to be able to look myself in the mirror every day,” was how Rep. Terra Costa Howard (D-Glen Ellyn) explained to me recently why she decided to call for House Speaker Michael Madigan’s resignation.

“More importantly,” the freshman suburban Democrat said, “I had to look at my daughters and remind them what it means to do what’s right.”

Costa Howard said she didn’t take a poll before making her decision. “My data collection is what I hear when I talk to people, the emails I receive, the comments that are on my Facebook pages. That speaks volumes,” she said. “I live in a community where I am out publicly all the time, so I talk to people all the time.” And they have all been giving her an earful about Madigan.

“There are people who are unhappy that I stepped out on this,” she said when pressed. And some of those folks run labor unions. “We have labor unions who are upset. They’re disappointed that I would say anything.”

But she quickly pointed to her own pro-labor voting record, saying, “I’m not really sure how much more I can say about where I stand about unions. It’s incredible to me that anybody would question those values.”

She did, however, vote against the minimum wage hike, which was a major union priority last year — although Madigan himself has blocked or watered down several such pay increase proposals in the past.

Costa Howard also talked about a confrontation at a recent weekend event with a “buddy” who is also a “high-ranking labor person.”

“It got really ugly,” she said. “And the beauty of it was everybody around me went after him about it.”

“What I found to be so ironic was him having this whole conversation about power and, you know, keeping the working person” in power. “And I looked at him and I’m like, the only reason anybody has power is if somebody gave it to them. When you take that away, who are they? The emperor has no clothes in that situation, and people need to wake up and see that.”

That’s what I’ve been telling the “mushrooms” for years: You’re the ones who have all the power. Without you, Madigan has no majority. And no majority means no power. The entire caucus has revolved for decades around getting Madigan’s most vulnerable members re-elected, whether they agreed with those decisions or not. Vote your conscience and then make him go out and re-elect you, not the other way around.

They never listened.

While Costa Howard was quick to say she didn’t want to “make it sound like it’s all organized labor,” she did claim that she knows colleagues who “received calls from ‘certain groups’ to say, ‘Stand down, don’t expect us to financially support you if you [call on Madigan to resign].’ And I find that really troubling.”

And what about her colleagues? “Do I have colleagues who are upset because they may feel I put them on a hot seat? Well, I can’t control other peoples’ districts, I can only control myself and what’s best for me and my district and what the people of the state of Illinois are looking for with leaders.”

Costa Howard said she will not vote for Madigan if he runs again for House Speaker. But she said she won’t reject any money spent on her behalf by the state party he controls.

“I am the Democratic candidate for the 48th District. So, saying I’m not supposed to be supported by the Democratic Party is not fair. It’s my party, I represent the party and when individuals make contributions to the Democratic Party they expect it to be used on Democratic candidates, which I am one of.”

She did say, though, that she would refuse direct cash contributions from Speaker Madigan’s personal campaign committee.

And what about objections made by some of her colleagues that she and others have no plan for what happens after Madigan steps down? What should happen?

“Exactly what happened in the Senate,” when Senate President John Cullerton abruptly retired last year, she said. “There is a caucus, a conversation about who should step up to be speaker. They were able to do it in the Senate.”

Terra Costa Howard is genuinely liked by many of her colleagues and she hasn’t been a showboat who instinctively sought refuge with the knee-jerk anti-Madigan’s of the world. It’s going to be fascinating to see what happens to her in the coming weeks and months.

Subscribers have more details, but the Democratic Party of Illinois has continued spending on Costa Howard’s race.

  10 Comments      


A night of looting in Chicago

Monday, Aug 10, 2020 - Posted by Rich Miller

* Sun-Times

Two people were shot, more than 100 people were arrested and 13 police officers were injured as crowds broke windows and looted stores along Michigan Avenue and on the Near North Side overnight and into Monday morning. […]

[Supt. David Brown] said “the seeds for the shameful destruction we saw last night” started with a police-involved shooting in Englewood Sunday afternoon. About 2:30 p.m., officers responded to a report of a man with a gun. He fled as they arrived, Brown said, and fired at officers. They returned fire, striking the man, who was taken to the University of Chicago Hospital and is expected to survive. The 20-year-old man had previously faced charges of domestic battery, reckless conduct and child endangerment, Brown said.

After the shooting, a crowd gathered in the area. “Tempers flared, fueled by misinformation,” Brown said. Shortly after that, police became aware of “several social media posts” about looting planned downtown. He said the department reacted by deploying 400 officers to the downtown area. […]

The first looting incident, Brown said, was at 87th Street and the Dan Ryan Expressway, but “soon, car caravans were headed into the Loop” to begin looting.

* This sounds a lot like what happened the last time

Witnesses said the looting appeared to be a coordinated effort with multiple cars dropping off groups of people, who then smash-and-grab merchandise in the store, and take off running in opposite directions before police can respond to each incident.

They organize large groups on social media and then try to overwhelm any police response with their numbers

The looting began shortly after midnight as people darted through broken store windows and doors along Michigan Avenue carrying shopping bags full of merchandise. Cars dropped off more people as the crowd grew. At least one U-Haul van was seen pulling up. […]

The looting seemed to be centered in Streeterville and North Michigan Avenue, but some looting was reported on State Street in the Loop and on the Near North Side. By 4 a.m. police appeared to be getting things under control.

But some vandalism continued into the daylight hours, and the CTA suspended train and bus service into downtown during the morning rush, while the Illinois state police blocked off ramps from expressways. Bridges across the Chicago River were raised, except for the one on LaSalle Street for emergency vehicles.

* This is from around 12:30 this morning…

  119 Comments      


Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Monday, Aug 10, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Monday, Aug 10, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** LIVE COVERAGE ***

Monday, Aug 10, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


State elections hearing officer has bad news for Kanye West

Friday, Aug 7, 2020 - Posted by Rich Miller

* Expected

Superstar Kanye West fell short of qualifying for the Illinois ballot as an independent presidential candidate by 1,300 signatures, according to the official review on Friday of the nominating petitions submitted by the Illinois native.

The determination by a hearing officer will be presented to the Illinois State Board of Elections on Aug. 21, when it is set to finalize the Nov. 3 ballot.

To qualify for the ballot, West had to submit at least 2,500 signatures. However, the hearing officer determined he only had 1,200 valid signatures.

Sean Tenner, the 46th Ward Democratic committeeperson, said he was moved to challenge West’s petitions after hearing the rapper and designer tell a crowd in South Carolina on July 19 that Harriet Tubman “never actually freed the slaves.”

  Comments Off      


Reader comments closed for the weekend

Friday, Aug 7, 2020 - Posted by Rich Miller

* A great video of two kids listening to this song for the very first time trended on Twitter today. It brought back memories of the first time I heard it. I was walking past a parking lot and some guys were standing around playing it loud on a boom box. The song stopped me in my tracks. And when the drums kicked in, I was so blown away I walked over to find out who it was.

So, thanks, two kids on Twitter for reviving that memory. Turn it up

It’s all been a pack of lies

  Comments Off      


Protected: SUBSCRIBERS ONLY - Campaign updates

Friday, Aug 7, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** UPDATED x1 *** Crestwood mayor indicted

Friday, Aug 7, 2020 - Posted by Rich Miller

* Jon Seidel and Robert Herguth

The mayor of southwest suburban Crestwood faces a federal bribery charge in a new indictment made public Friday that centers on the politically connected red-light camera company SafeSpeed, court records show.

Louis Presta, 69, has also been charged with filing false tax returns and lying to the FBI and IRS, allegedly about whether an envelope Presta took during a March 2018 meeting with a SafeSpeed representative had been stuffed full of $5,000 cash.

Presta’s indictment is the latest public sign of the feds’ ongoing public corruption investigations, which last month led to a bribery charge against the utility company ComEd. However, Presta’s indictment appears to be part of a separate investigation that earlier this year led to a guilty plea by former state Sen. Martin Sandoval.

In the Presta case, prosecutors say Presta sought and received benefits from SafeSpeed representatives while SafeSpeed sought to expand its services in Crestwood. They also say Presta was interviewed by federal authorities in September, around the time of a series of raids by federal agents that included Sandoval’s office at the state capitol in Springfield.

Some background is here.

*** UPDATE *** From the US Attorney…

The mayor of Crestwood has been indicted by a federal grand jury for using an interstate facility in aid of bribery, and lying to federal law enforcement about his request and receipt of benefits from a representative of a red-light camera company that provided services to the southwest suburb.

LOUIS PRESTA, 69, of Crestwood, is charged with three counts of using a facility in interstate commerce in aid of bribery and official misconduct, two counts of willfully filing a false income tax return, one count of willfully failing to file an income tax return, and one count of making false statements to the FBI and IRS. The indictment was returned Thursday in U.S. District Court in Chicago. Arraignment has not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and Kathy A. Enstrom, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Christopher J. Stetler and James P. Durkin.

According to the indictment, the red-light camera company provided camera services to Crestwood that enabled the municipality to issue tickets to motorists for certain traffic violations. During that time and while the company was attempting to provide additional such services to Crestwood, Presta asked for and accepted benefits from representatives of the company, the indictment states.

The false statement charge pertains to Presta’s September 2019 interview with the FBI and IRS, during which Presta denied receiving gifts, cash, or campaign contributions from the red-light camera company. When shown a recording of a March 7, 2018, meeting at which Presta allegedly accepted from the company representative an envelope containing $5,000 in cash, Presta falsely stated that there was no money in the envelope, the indictment states.

The tax charges in the indictment accuse Presta of willfully filing a false income tax return for the calendar years 2015 and 2018, and willfully failing to file an income tax return for the calendar year 2014.

The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

The bribery and false statement counts are each punishable by up to five years in prison. Filing a false tax return is punishable by up to three years, while failing to file a tax return carries a maximum sentence of one year. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.

  14 Comments      


*** UPDATED x1 *** Question of the day

Friday, Aug 7, 2020 - Posted by Rich Miller

* A provision in state law lifting contribution caps when wealthy candidates start spending big money is being gamed by all four legislative leaders to allow them to raise however much they want. From the BGA

In 2009, with yet another governor ensnared in scandal, Illinois’ Democratic legislative leaders authored a package of laws they promised would begin to reform Illinois’ culture of corruption.

One of the biggest items in the legislative package would finally establish statewide limits on campaign contributions, a measure Illinois was one of the last states to adopt.

House Speaker Michael Madigan, who sponsored the legislation, hailed it as a way to “help restore public confidence in Illinois government.” State Sen. Don Harmon, the Democratic sponsor in the Senate, praised it for enacting “historic contribution caps, real disclosure requirements and strict enforcement measures.”

But years later, Madigan and Harmon are using a controversial loophole written into the reform bill to raise millions of dollars above the limits the legislation set. Their Republican colleagues have also blown past the limits, as all four men have collected a combined $44 million more than the contribution limits allow, a Better Government Association examination shows.

Most of that money was doled out to support favored candidates in their respective chambers, records show, as part of a longstanding tactic to win loyalty and ensure their own status atop their party hierarchy.

“They completely gamed it,” said Cynthia Canary, former executive director of the organization now called Reform for Illinois, who helped negotiate the decade-old reform measure.

At the time, the law limited individual campaign contributions to $5,000 per politician, corporate and union contributions to $10,000 and contributions from political action committees to $50,000.

All four leaders are unapologetic about bypassing the limits as part of a political strategy they say is necessary for their parties to compete in elections.

The stark alternative would be to get rid of the provision. But then one candidate could outspend an opponent at will and candidates cannot be barred from spending as much of their own money as they want, per the US Supreme Court. There’s also the issue of independent expenditure committees, which can raise unlimited funds and could overwhelm candidates who couldn’t raise funds above a certain amount. Raising the threshold to, say, $500K instead of $100K, might be one way to do it, but it would be a simple matter for people like Madigan to just borrow the money from a bank and pay it back the next day with existing campaign funds.

* The Question: Any ideas for addressing this?

…Adding… Not a bad idea, but doesn’t include the IE component…


…Adding… As if on cue, Senate President Harmon just filed a $207K A-1, with three labor union contributions totaling $190K.

*** UPDATE *** Scott Kennedy on Twitter

State contribution limits can either be iron clad but not fair or they can be fair but easy to circumvent, but like the Heisenberg uncertainty principle it is impossible to do both at the same time, given current US Supreme Court rulings.

This piece is well researched and does a good job of explaining the history, mechanics and politics of how this played out. But the context that is missing is the limitations on states’ ability to implement contribution limits that are both fair and effective.

Per US Supreme Court decisions you cannot place contribution limits on an individual who is willing to spend their own money and you cannot place contribution limits on any Superpac (IE) that is willing to independently raise and spend unlimited funds.

There is no law the State of Illinois could have passed that would have limited or prevented JB Pritzker from spending $175 million on his own campaign in 2018.

Given those limitations states can only place contribution limits on any other candidates/committees. Would it be fair to pass iron clad limits on a campaign that couldn’t self fund and faced such an opponent? Of course not.

These fairness provisions exist to lift the restrictions candidates might face in the event of such circumstances. However it does open the door for candidates to find a way to lift the contribution limits in their races.

And that’s why we are where we are. We can make changes to the various provisions to tweak this or that but the core trade off will remain the same: contribution limits can either be iron clad but not fair or they can be fair but easy to circumvent.

I think I’ll withdraw the question unless you insist otherwise.

  13 Comments      


*** UPDATED x1 - Governor’s office calls order “procedurally improper, violating elementary principles of fairness” *** Pritzker ordered to appear in Clay County

Friday, Aug 7, 2020 - Posted by Rich Miller

* Illinois Review

Governor JB Pritzker was ordered to appear before a Clay County judge next Friday at 1:00 PM to explain why he “should not be held in indirect civil contempt.” Failure to appear in court may result in warrant for arrest, the order says.

State Rep. Darren Bailey (R-Xenia) complained to the Clay County judge that Governor Pritzker is ignoring the court’s previous order and is exercising emergency powers concerning the COVID crisis extending beyond state law’s 30-day provision for such powers.

Click here to see the order, which was drafted by attorney Tom DeVore.

*** UPDATE *** Jordan Abudayyeh…

On the same day that the Governor asked the General Assembly to do more to keep Illinoisans safe, the House GOP is instead rejecting science and perpetuating a sideshow to this global pandemic. This motion for contempt is legally baseless, frivolous and a distraction from the serious crisis facing our state. Not a single member of the GOP caucus in the General Assembly has yet to publicly express their rejection of or outrage at this legal maneuvering that creates unnecessary confusion around public health guidance.

The issuance of the Order to Show Cause, without even allowing the Governor an opportunity to respond to the flawed motion for contempt, filed only days ago, is procedurally improper, violating elementary principles of fairness. The State is grappling with its most serious challenge to the lives and health of its residents - a global pandemic - with an increasing number of counties at a warning level today due to outbreaks of cases, and all the while the GOP is playing politics. The Governor will continue to focus on protecting public health and not on the political sideshow in Clay County.

  63 Comments      


Another day, another lawsuit

Friday, Aug 7, 2020 - Posted by Rich Miller

* Edgar County Watchdogs

Fox Run Restaurant filed a lawsuit in Sangamon County Circuit Court [yesterday] naming the City of Springfield and Mayor James Langfelder as defendants.

The Complaint is against the city’s “Emergency Ordinance(s)” and the Mayor’s statutory authority to extend Executive Orders past 7 days without the consent of the city council, as written in Section 7 of the Emergency Interim Executive Succession Act (also within the Illinois Emergency Management Agency Act), and past the first regular meeting of the city council as written in the Illinois Municipal Code, Section 11-1-6.

Documents here and here. This is a DeVore special.

* Memory lane

Businesses continue to open up in defiance of the state’s Stay-at-Home order.

The restaurant Fox Run Restaurant and Lounge in Springfield opened on Friday, May 22.

A photo taken inside the restaurant shows Representative Darren Bailey, R-Xenia, got an even early sneak peek with a visit to the business on Thursday.

Pic

  26 Comments      


IDPH: Cass, Coles, Grundy, Iroquois, Jackson, Monroe, Perry, Saline, St. Clair, Tazewell, Union, Williamson and Winnebago counties at “warning level”

Friday, Aug 7, 2020 - Posted by Rich Miller

* Press release…

The Illinois Department of Public Health (IDPH) today reported 13 counties in Illinois are considered to be at a warning level for novel coronavirus disease (COVID-19). A county enters a warning level when two or more COVID-19 risk indicators that measure the amount of COVID-19 increase.

Thirteen counties are currently reported at a warning level – Cass, Coles, Grundy, Iroquois, Jackson, Monroe, Perry, Saline, St. Clair, Tazewell, Union, Williamson, Winnebago.

These counties saw cases or outbreaks associated with businesses, long-term care facilities, large social gatherings, and out of state travel. There have been several instances of multiple cases among family members in the same, large household. Students returning to universities and colleges are also driving the recent increase in cases in several communities. Many students are not wearing face coverings or social distancing and are gathering in large groups and at bars.

Several counties are taking swift action and implementing mitigation measures to help slow spread of the virus. Examples include working with university administrations for student education and contact tracing, working with county boards of health, and cancelling events and festivals.
IDPH uses numerous indicators when determining if a county is experiencing stable COVID-19 activity, or if there are warning signs of increased COVID-19 risk in the county.

    • New cases per 100,000 people. If there are more than 50 new cases per 100,000 people in the county, this triggers a warning.
    • Number of deaths. This metric indicates a warning when the weekly number of deaths increases more than 20% for two consecutive weeks.
    • Weekly test positivity. This metric indicates a warning when the 7-day test positivity rate rises above 8%.
    • ICU availability. If there are fewer than 20% of intensive care units available in the region, this triggers a warning.
    • Weekly emergency department visits. This metric indicates a warning when the weekly percent of COVID-19-like-illness emergency department visits increase by more than 20% for two consecutive weeks.
    • Weekly hospital admissions. A warning is triggered when the weekly number of hospital admissions for COVID-19-like-illness increases by more than 20% for two consecutive weeks.
    • Tests perform. This metric is used to provide context and indicate if more testing is needed in the county.
    • Clusters. This metric looks at the percent of COVID-19 cases associated with clusters or outbreaks and is used to understand large increase in cases.

These metrics are intended to be used for local level awareness to help local leaders, businesses, local health departments, and the public make informed decisions about personal and family gatherings, as well as what activities they choose to do. The metrics are updated weekly, from the Sunday-Saturday of the prior week.

  13 Comments      


Chamber releases conclusions from “fair tax” study

Friday, Aug 7, 2020 - Posted by Rich Miller

* Press release…

An independent analysis conducted by Berkeley Research Group in conjunction with Ariel R. Belasen, Professor at SIUE, shows that passage of the graduated income tax on the November ballot would have devastating consequences to Illinois’ economy, consumers and jobs. If passed, the Tax Hike Amendment would shrink Illinois’ economy by nearly $2 billion, increase consumer costs by $332 million, lead to out-migration that would reduce household spending, and result in disproportionately more job losses in hospitals, restaurants and individual and family services that tend to employ more women and minorities.

The authors of the study were granted complete independence to provide an objective analysis of the effects of the proposed Income Tax Hike Amendment.

“This independent study concludes what many of us already knew: this is the worst possible time for a $3.4 billion tax hike on Illinois families and businesses,” said Illinois Chamber of Commerce President and CEO Todd Maisch. “The pandemic has already crushed small business owners, manufacturers and farmers, and this independent study proves that the Tax Hike Amendment would be the last straw for many more.”

“Our report shows that the graduated income tax would be a devastating hit to Illinois’ already struggling economy. And, job losses would disproportionately affect women and minorities,” said Ariel R. Belasen, Ph.D., Professor at SIUE and independent study co-author.

The key findings of the independent analysis include:

Job losses would disproportionately affect women and minorities
Women and minorities are likely to be disproportionately affected by the job losses because three of the four sectors of the economy that the economic model indicates will be hardest hit by the tax increase. Hospitals, Restaurants, and Individual and Family Services – tend to employ relatively more workers from these demographic groups.

• According to the Bureau of Labor Statistics (BLS):

    • Hospitals disproportionally employ women (74.9% of jobs in sector vs. 47% of all jobs across all sectors);
    • Restaurants disproportionally employ Hispanic or Latino workers (26.8% vs. 17.6% of all jobs across all sectors); and
    • The Individual and Family Services sector disproportionately employs women (78.3%) and African Americans (20.7% vs. 12.3% of all jobs across all sectors).

Reduction in GDP
Approval of the proposed Constitutional Amendment will cause up to a $1.8 billion reduction in the income of Illinois residents annually, as measured by the state’s gross domestic product (GDP).

Higher corporate taxes will be passed on to consumers
The corporate tax rate will increase from 9.5% to 10.49% (an increase of 10%), the second highest in the country. Studies show that some portion of revenues arising from an increase in the corporate tax rate ($332 million) would be passed on to suppliers and customers, increasing prices on goods and services, and potentially suppressing worker wages.

Out-migration of thousands of high-income households
Some of the job losses will result from reduced spending on food and services arising from an increase in the rate of out-migration by Illinois residents seeking to escape the relatively heavy tax burden that the state imposes on its residents. Based on the most-recent empirical studies by economists, we estimate that increased out-migration will lead to a reduction in household spending by taxpayers in the affected income brackets of up to 0.8%.

No material income tax relief
The average annual tax relief per filer in the lower income brackets is small, and might be less than a single family meal at a fast food restaurant for many filers.

* Response from Quentin Fulks, Chairman of Vote Yes For Fairness…

It’s not surprising that a study the Illinois Chamber of Commerce paid for in their efforts to protect our broken tax system is trying to mislead voters on the impact of the Fair Tax. The fact is our current tax system is fundamentally unfair, forcing essential workers like our nurses and grocery store clerks to pay the same tax rate as millionaires and billionaires. The Fair Tax will set things right, while keeping taxes the same or less for at least 97% of Illinoisans.

Background provided by the committee…

TAX LIABILITY DOESN’T DRIVE RICH PEOPLE TO MOVE

A Study Found “Elites Are Embedded In The Regions Where They Achieve Success, And They Have Limited Interest In Moving To Procure Tax Advantages.” “The first study is actually not new. The American Sociological Association published a study on ‘Millionaire Migration and the Taxation of the Elite: Evidence From Administrative Data’ in its review periodical in 2016. But it draws extensively on 13 years of tax data from returns filed by million-dollar earners across the nation — 45 million returns — while “tracking the states from which millionaires file their taxes.” […] The study even examines whether some million-dollar earners stay close to home by simply jumping across state lines, but again without finding any proof. ‘When we focus on states’ border regions,’ it says, ‘we do not find compelling evidence that millionaires cluster on the low-tax side of state borders. Elites are embedded in the regions where they achieve success, and they have limited interest in moving to procure tax advantages.’” [One Illinois, 1/16/20]

The Study Found Elites Are Not Willing To Move To Exploit Tax Advantages Across State Lines. “The most striking finding of this research is how little elites seem willing to move to exploit tax advantages across state lines in the United States. Millionaire tax flight is occurring, but only at the margins of statistical and socioeconomic significance.” [Millionaire Migration and Taxation of the Elite: Evidence from Administrative Data, American Sociological Review, Vol. 81(3) 421–446, 2016]

    Millionaires Have Lower Migration Rates Than The General Population. “First, millionaires are not very mobile and actually have lower migration rates than the general population. This is in part because family responsibilities and business ownership are higher among top income-earners, which embeds individuals in their local regions. Nevertheless, there is an observable pattern of elite migration from high-income-tax to lowincome-tax states; when millionaires migrate, their relocation decisions are influenced by tax rates, in a way that we do not see for the general population. Yet, because migration flows represent a very small share of top income-earners, the observed patterns of migration have little impact on the millionaire population tax base even over 13 years.” [Millionaire Migration and Taxation of the Elite: Evidence from Administrative Data, American Sociological Review, Vol. 81(3) 421–446, 2016]

    The Study Found Because Millionaires Move So Infrequently, “The Revenue-Maximizing Top Marginal Tax Rate On Income Above $1 Million Is Much Higher Than The Current Tax Rate In Any State.” “Our core migration estimate translates into a population elasticity of roughly .1, meaning that a 10 percent increase in the top tax rate leads to a 1 percent loss of the millionaire population. Incorporating this estimate into optimal tax rate models (Mankiw et al. 2009; Piketty and Saez 2013) suggests that the revenue-maximizing top marginal tax rate on income above $1 million is much higher than the current tax rate in any state.” [Millionaire Migration and Taxation of the Elite: Evidence from Administrative Data, American Sociological Review, Vol. 81(3) 421–446, 2016]

    The Study Found “Millionaires Do Not Use Their Higher Income To Achieve Greater Mobility Across States, But Rather Are More Grounded In Their States.” “First, the hypothesis incorrectly portrays millionaires as frictionless agents who have little or no social ties to place. Under this assumption, the primary constraints on migration are simply the ‘moving truck’ costs, which seem easy for top earners to absorb. However, our results suggest high social and economic costs of migration, even for the rich. Millionaires do not use their higher income to achieve greater mobility across states, but rather are more grounded in their states. The rich are different from the general population. They more often have family responsibilities—spouses and school-age children that embed them in place. They own businesses that tie them to place. And their elite income itself embeds them in place: millionaires are not searching for economic opportunity—they have found it.” [Millionaire Migration and Taxation of the Elite: Evidence from Administrative Data, American Sociological Review, Vol. 81(3) 421–446, 2016]

    The Study Suggested That An Important Portion Of Income Is Place-Specific And Not Portable. “Most millionaires are the ‘working rich,’ and their incomes derive in part from place-based social capital in highly networked industries (Powell et al. 2002; Saez 2015; Saxenian 1994; Varner and Young 2012). Low levels of elite migration and limited responsiveness to top tax rates suggests that an important portion of income is place-specific and not portable.” [Millionaire Migration and Taxation of the Elite: Evidence from Administrative Data, American Sociological Review, Vol. 81(3) 421–446, 2016]

An Analysis By A Stanford Researcher Found Only About 2.4% Of Millionaires In America Change Their State Of Residence In A Given Year. “Only about 2.4% of US-based millionaires change their state of residence in a given year. Interstate migration is actually more common among the US middle class, and almost twice as common among its poorest residents, who have an annual interstate migration rate of 4.5%.” [Cristobal Young, Guardian, 11/20/17]

Only 15% Of Interstate Millionaire Migrations Bring A Net Tax Advantage. “When millionaires do move, they admittedly tend to favour lower-tax states over higher-tax ones – but only marginally so. Around 15% of interstate millionaire migrations bring a net tax advantage. The other 85% have no net tax impact for the movers.” [Cristobal Young, Guardian, 11/20/17]

Alaska Lost More Of Its Residents In 2019 Than Any State Beside West Virginia, Despite Having The Lowest Tax Burden. “Meanwhile, the state with the lowest tax burden, Alaska, is the 48th most populous. It lost more of its residents in the past year than any state besides West Virginia. ‘The kneejerk tax thing doesn’t work because you can find high-tax areas that are growing in the U.S. and you can find low-tax areas that are declining,’ demographer Rob Paral told the Better Government Association. ‘I know that gets lost on people who want to blame taxes on everything.’” [Chicago Magazine, 1/29/20]

STATES WITH A GRADUATED INCOME TAX RATE ARE MORE LIKELY TO CUT TAXES

Center For Tax And Budget Accountability: “States With Graduated Income Taxes Are More Than Twice As Likely To Cut Taxes As To Raise Them.” [Center for Tax and Budget Accountability, 5/7/19]

CTBA Analysis: The Flat Tax In Illinois Ensures Tax Increases Are Borne By Everyone, Rather Than Targeted At The Wealthiest. “This concern, however, is baseless. For one, Illinois’ flat tax has not prevented the state from enacting income tax increases in the last ten years. Instead, the flat tax has ensured that those tax increases have been borne by everyone, rather than targeted to the wealthiest who can most afford them.” [Center for Tax and Budget Accountability, 5/7/19]

A CTBA Analysis Found That Since 2003, States With Graduated Income Taxes Have Cut Taxes Nearly Two And A Half Times More Often Than They Have Raised Them On The Middle Class. “Our key finding: Since 2003, states with graduated income taxes have cut taxes nearly two and a half times more often than they have raised them on the middle class. In any given year, a state with a graduated income tax had a roughly 13 percent likelihood of cutting taxes — versus just a five percent likelihood of increasing them on the middle class.” [Center for Tax and Budget Accountability, 5/7/19]

A CTBA Analysis Found States With Graduated Income Taxes Have Seen Their Average Rates Fall Since 2002. “Another way of looking at this is at the total change in averages rates — just to make sure that, for example, the smaller number of tax increases aren’t larger in size than the more numerous tax cuts. (The post linked above, for its part, shows that a handful of states with graduated income taxes have seen their rates grow — but again, uses years from 1911 to 1936 as a baseline, rather than a more recent period.) The answer: No, they’re not. In fact, states with graduated income taxes have seen their average rates fall — both at the top and the bottom of their brackets — since 2002.” [Center for Tax and Budget Accountability, 5/7/19]

“HIGH RATE” TAX STATES HAVE ECONOMIES THAT ARE BETTER THAN OR COMPARABLE TO STATES WITH NO INCOME TAX

A Study Found Nine High Rate Tax States Have Seen More Economic Growth Per Capita Over The Last Decade Than The Nine States With No Income Tax. “In reality, however, residents of ‘high rate’ income tax states are actually experiencing economic conditions at least as good, if not better, than those living in states lacking a personal income tax.3 As Figure 1 shows, the nine ‘high rate’ states identified by Laffer have actually seen more economic growth per capita over the last decade than the nine states that fail to levy a broad-based personal income tax.” [“High Rate” Income Tax States Are Out-Performing No Tax States, Institute on Taxation and Economic Policy, February 2012]

A 2012 Study Found States With “High Rate” Income Taxes Have Economies That Equal Or Surpass States Lacking An Income Tax. “Whether looking at income levels, unemployment rates, or economic output per person, states with ‘high rate’ income taxes have economies that equal or surpass those in states lacking an income tax. The most commonly cited analysis purporting to show the opposite confuses population growth with economic performance, and fails to acknowledge the natural resource advantages enjoyed by a number of the most successful non-income tax states. There is no reason for states to expect that reducing or repealing their income taxes will improve the performance of their economies.” [“High Rate” Income Tax States Are Out-Performing No Tax States, Institute on Taxation and Economic Policy, February 2012]

WHEN KANSAS DRAMATICALLY CUT TAXES, THE STATE’S ECONOMY TANKED

After Kansas Severely Cut Taxes, Kansas Underperformed Most Neighboring States And The Nation On Economic Growth, Job Creation, And New Business Formation. “In 2012 and 2013, at the urging of Governor Sam Brownback, lawmakers cut the top rate of the state’s income tax by almost 30 percent and the tax rate on certain business profits to zero. Under ‘supply-side’ economic theory, these deep tax cuts should have acted — as Brownback then predicted — like ‘a shot of adrenaline into the heart of the Kansas economy,’ stimulating strong growth in economic output, job creation, and new business formation. But in reality, Kansas underperformed most neighboring states and the nation on all of those measures after the tax cuts.” [Center on Budget and Policy Priorities, 1/22/18]

Kansas’ 4.2 Percent Private-Sector Job Growth From December 2012 To May 2017 Was Less Than Half Of The 9.4 Percent Job Growth In The United States. “Kansas’ 4.2 percent private-sector job growth from December 2012 (the month before the tax cuts took effect) to May 2017 (the month before they were repealed) was lower than all of its neighbors except Oklahoma and less than half of the 9.4 percent job growth in the United States.” [Center on Budget and Policy Priorities, 1/22/18]

Kansas’ Tax Experiment Resulted In Downgrades In The State’s Bond Rating. “Moreover, Kansas revenues plunged, leading to cuts to education and other vital services and downgrades in the state’s bond rating. On June 6, 2017, the legislature terminated what Brownback had termed a ‘real live experiment’ in supply-side tax policy, repealing the business profits exemption and moving income tax rates back toward where they had started.” [Center on Budget and Policy Priorities, 1/22/18]

  27 Comments      


COVID-19 roundup

Friday, Aug 7, 2020 - Posted by Rich Miller

* Ugh

The United States has recorded more than 2,000 coronavirus deaths in 24 hours, the highest number of daily fatalities in three months, Johns Hopkins University’s real-time tally showed Thursday.

The country, which has seen a major resurgence in coronavirus since the end of June, added 2,060 deaths in one day as well as more than 58,000 new cases, the Baltimore-based university showed at 8:30 pm (0030 GMT Friday).

The last time the US recorded more than 2,000 deaths in 24 hours was on May 7.

* Capitol News Illinois

The Illinois Department of Employment Security announced Thursday that 20 weeks of state extended benefits are available to those who exhaust the allotted 26 weeks of regular state unemployment and the additional 13 weeks of federal Pandemic Emergency Unemployment Compensation benefits.

IDES encouraged those with unemployment questions to visit IDES.Illinois.gov first before calling the unemployment hotlines, which continue to receive a high volume of calls.

* Jake Griffin

The only tax revenue categories that experienced gains over July 2019 were those with tax rates that had increased since last year.

The motor fuel tax doubled since July 2019, but revenues from the tax in July 2020 were only 61.7% higher, according to revenue department figures.

Taxes from cigarettes, private vehicle sales and corporate income were the only other categories to see increases above July 2019. Cigarette and private vehicle sales tax rates were both increased in the last year. Corporate income tax filings were also delayed three months.

Sales tax revenues were down almost $100 million from the previous July, usually one of the state’s stronger months.

* The Southern

A second inmate diagnosed with COVID-19 at the federal prison in Marion has died amid a coronavirus outbreak that has affected dozens of inmates and a handful of employees.

The Federal Bureau of Prisons said Taiwan Davis, 39, died Wednesday at a local hospital where he was receiving treatment for the disease.

Davis tested positive for COVID-19 on July 29, one week prior to his death. He was transported to a local hospital three days after receiving his diagnosis.

In a news release, the federal agency said that Davis had “pre-existing medical conditions, which the CDC lists as risk factors for developing more severe COVID-19 disease.”

More from KFVS

As of Friday, Aug. 7, at least 80 inmates and four staff members at USP Marion have active COVID-19 cases.

BOP reports 57 inmates and four staff members have recovered from the virus.

USP Marion is a medium security facility, which also operates a minimum security prison camp.

In total, the federal prison complex houses 1,213 male offenders.

* ABC 7

Alderman Michael Scott Jr. of Chicago’s 24th Ward has tested positive for COVID-19 and appeared at a press conference this week with Mayor Lori Lightfoot.

Mayor Lightfoot appeared with Alderman Scott on Wednesday. Since then, she has tested negative for the virus and has no plans to self-quarantine. […]

The mayor’s office says all participants were wearing masks and practicing proper social distancing for the duration of Wednesday’s news conference.

Gov. Pritzker was asked today if he agreed with Lightfoot’s decision not to self-quarantine

I’m not going to advise, she has a doctor. I’m not going to make advice here about that. Look, I just want people to do the right thing and keep everybody around them safe and healthy and of course, the mayor to be safe and healthy. So whatever the best advice is that she’s been given I know she will follow.

* Herald-Whig

Amid an uptick in the number of COVID-19 cases in the county and on the advice of the Adams County Health Department, city officials said on Thursday that all city meetings will again include an option for officials to participate virtually.

The policy applies to both the Quincy City Council weekly meetings and committee meetings.

All meetings will be closed to the public, but those who wish to view the meeting will be able to do so online.

* Tribune live blog

Gov. J.B. Pritzker issues rule to penalize businesses that don’t enforce mask requirements with fines up to $2,500

Drug and alcohol use has spiked during pandemic, prompting Chicago’s recovery community to find new ways to reach out

Chicago Urban League to hand out $100,000 to Black-owned businesses after Ford Fund grant

Some lakefront restaurants reopening Friday

Preckwinkle to announce new coronavirus-related rental assistance program

* Sun-Times live blog

How the pandemic is reshaping the way we date

State unemployment extended as claims remain historically high

Loyola University Chicago closes all dorms for fall semester due to COVID-19

Men have long shunned protective gear

Ohio Gov. Mike DeWine tests negative for virus after earlier positive test.

  4 Comments      


*** UPDATED x2 - Governor’s office responds *** Durkin expands special session call to face-mask issue

Friday, Aug 7, 2020 - Posted by Rich Miller

* Press release…

Illinois House Republican Leader Jim Durkin released the following statement regarding Governor Pritzker’s proposal of new emergency rules regarding mask wearing:

“Today, I am calling on Governor Pritzker to abandon his ‘mask rule’ and work with the legislature on this issue. I am committed to respecting his priorities while recognizing the undue hardship his current rule places on businesses that are already struggling across Illinois. To do this, the Governor should immediately call the legislature into special session where we can also address the urgent need for ethics reform and the controversies surrounding the Democratic Party and Speaker of the Illinois House of Representatives.”

Again, it’s already in state statute that violating any IDPH rule is a misdemeanor. The only difference with this newly proposed rule is that it exempts individuals and creates a three-step process before an entity can be charged if the local state’s attorney even goes along.

Thoughts?

*** UPDATE 1 *** Jordan Abudayyeh in the governor’s office…

As I’m sure Leader Durkin is aware, Illinois reported a high number of new COVID cases again today, similar to numbers we saw near the height of the wave of cases last spring. We have learned that quick and decisive action needs to be taken to stop the spread of this deadly virus. In the spring session the administration withdrew emergency rules after the General Assembly said they would take up this critical issue during session. Leader Durkin and his colleagues in the General Assembly failed to vote on any enforcement that protects the health and safety of Illinoisans, indeed many of his caucus members railed against any legal measures to curtail the spread of COVID-19. So as promised, the administration has introduced a new rule incorporating feedback from lawmakers and stakeholders like the Illinois Retail Merchants Association and the Illinois Restaurant Association. Existing public health rules allow the State to take action to stop the spread of infectious diseases like whooping cough, measles and many others and should include COVID-19. The only difference now is that there is a loud super-minority playing politics with public health. We can only prevent the spread of COVID-19 by working together to do what’s right, and the Governor urges the members of JCAR to protect the health and safety of the public.

…Adding… The administration may have incorporated “feedback” from IRMA, but the group is opposed to this rule

The Illinois Retail Merchants Association says the state’s enforcement actions should target individuals who do not comply with mask mandates and other public health guidelines… rather than, quote, “demonizing innocent businesses.”

*** UPDATE 2 *** Rob Karr with IRMA told me the Abudayyeh statement is “not accurate.” He did get a call yesterday, but he was never actually given any language by the governor’s office and was never asked for any input from them.

…Adding… I’m told the input the governor’s office received from IRMA came via two JCAR members.

  13 Comments      


2,084 new cases, 21 additional deaths, 4.1 percent positivity rate

Friday, Aug 7, 2020 - Posted by Rich Miller

* Late May since we’ve seen this many cases and the average positivity rate is still rising…

The Illinois Department of Public Health (IDPH) today announced 2,084 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 21 additional confirmed deaths.

    Clark County: 1 male 60s
    Cook County: 1 male 30s, 1 male 40s, 2 males 60s, 1 female 70s, 1 male 70s, 2 females 80s, 2 females 90s,
    Ford County: 1 male 80s
    Iroquois County: 1 male 60s, 1 male 70s
    Lake County: 1 female 80s
    LaSalle County: 1 female 90s, 2 males 90s
    Madison County: 1 male 90s
    St. Clair County: 1 male 80s
    Winnebago County: 1 female 90s

Currently, IDPH is reporting a total of 190,508 cases, including 7,613 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 46,869 specimens for a total of 2,984,618. The preliminary seven-day statewide positivity for cases as a percent of total test from July 31 – August 6 is 4.1%. As of last night, 1,486 people in Illinois were reported to be in the hospital with COVID-19. Of those, 333 patients were in the ICU and 125 patients with COVID-19 were on ventilators.

Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.

  1 Comment      


Protected: SUBSCRIBERS ONLY - Update to today’s edition

Friday, Aug 7, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


AG Raoul: Rep. Bailey’s latest legal filing “an ongoing bad-faith effort to abuse the judicial process for political gain”

Friday, Aug 7, 2020 - Posted by Rich Miller

* Filed by the attorney general in Clay County late yesterday

It has been more than a month since Plaintiff Darren Bailey received precisely what his pleadings sought—a declaration by this Court that the Governor’s authority to respond to the Covid-19 pandemic under the Illinois Emergency Management Agency Act, 20 ILCS 3305 et seq. (“Emergency Management Act”) ceased to exist as of April 8. Order ¶ 3 (July 2, 2020) (“July 2 Order”). But even as Bailey championed this lawsuit as “freeing business and the people of Illinois” from “one-person rule” and a “tyrannical government,” in the real world nothing changed. The Court’s nonfinal, interlocutory order granting Bailey’s request for declaratory relief does not prevent the Governor from continuing to exercise his powers under the Emergency Management Act to protect the people of this State from the Covid-19 pandemic.

Public rhetoric notwithstanding, Bailey has made every effort to prevent this Court from issuing either an injunction that would bar the Governor from exercising Emergency Management Act powers, July 2 Order ¶ 5 (granting motion to withdraw request for injunction), or a final judgment that would resolve the parties’ dispute in this Court once and for all, Response to Defendants [sic] Motion to Dismiss ¶¶ 3–11 (July 22, 2020) (“July 22 Response”). The July 2 Order is neither final nor enforceable because it involves fewer than all issues and does not include “a finding that there is no just reason for delaying enforcement or appeal.” Reed v. City of Belleville, 13 Ill. App. 3d 1093, 1094 (5th Dist. 1973).

For his latest effort to keep this case in this Court and abuse the judicial process for political gain, Bailey now moves to add an additional count disputing whether a disaster currently exists in Clay County within the meaning of the Emergency Management Act. There is no reason why the Court should entertain the matter. This Court already determined that the Governor’s authority under the Emergency Management Act is limited to 30 days per disaster— regardless of whether a Covid-19 disaster continues to exist in Clay County (or anywhere else in the State). Bailey’s current motion to add a new count is just another maneuver to thwart appellate review of the Court’s ruling. The proposed additional count is also defective as a matter of law and fails to plead sufficient facts to state a cause of action. The motion to add it should be denied.

* More

The Court should deny Bailey’s motion to add an additional count for four independent reasons:

First, Bailey’s proposed additional count fails to state a cause of action because the Emergency Management Act does not require the Governor to make disaster determinations on a county-by-county basis.

Second, Bailey’s proposed additional count fails to state a cause of action because he does not plead facts sufficient to show that there is currently no “public health emergency” in Clay County.

Third, Bailey lacks standing to pursue his proposed additional count because a decision in his favor will not redress his claimed injury. This is because Bailey fails to challenge an independent basis for the Governor’s authority to exercise emergency powers—the existence of an “epidemic” in Clay County.

Fourth, Bailey’s proposed additional count is untimely and, in the context of his many other gambits designed to delay the conclusion of these proceedings, reflects an ongoing bad-faith effort to abuse the judicial process for political gain.

* Brutal

According to Bailey, the fact that no one has yet to die in Clay County from Covid-19, and only 9 people to date have contracted it, means there is, in his opinion, no “high probability” that “a large number of deaths” will occur—and likewise no “high probability” of “widespread exposure” to a virus “that poses a significant risk of future harm to a large number of people.”

Bailey’s argument reduces to the proposition that an event has no probability of occurring until it has occurred. Or to put it another way, a highly contagious and deadly virus has no probability of causing widespread harm until it does. This reasoning is stunningly illogical, and the Court should not accept it. […]

Ordinarily, a litigant who had convinced a court to rule in his favor on the merits of his case would take immediate action to effectuate that result. Here, Bailey did the opposite. He resisted every effort to dismiss his one outstanding count and transform the Court’s interlocutory order into a final judgment. July 22 Response ¶¶ 3–11. To this day, the July 2 Order binds no one and has no legal effect because Bailey apparently prefers it to remain a meaningless piece of paper—in stark distinction to the far-reaching consequences he ascribes to it in the public eye.

Bailey’s proposed additional count is designed to further his strategy to drag out this case without an appealable order. Bailey intends for this Court not to resolve his dispute but rather to amplify it. This is an abuse of the judicial process.

…Adding… Rep. Darren Bailey speaking live on Facebook yesterday

Its no surprise that our numbers even as the governor suggested yesterday in southern Illinois are increasing you know per capita, per our population. I personally still do not feel threatened by those numbers and statistics. When we see we’re testing, tests are up and so obviously so are potential positive results. What is good is that I am hearing, I have heard so far nothing but success – trying to get some doctors online eventually – regarding the use of hydroxychloroquine and the z pack process. Several area hospitals, doctors, are prescribing that and its working. I have friends who have tested positive. I have people who I have known whose family members are in the hospital. I’ve talked anyone I can get in contact with and that I can talk to locally and just kind of understand and hear and so far the people that I’ve talked to would not have changed anything. The one gentleman the we’re praying for, that is in the hospital, an older man, he had the choice to make whether or not to be in and out. And he just simply didn’t want to live as restricted because we don’t know when this is going to end if it is ever going to end. […]

But regarding the older gentleman that’s in St. Louis in ICU, the family, it just, it is what it is.

  21 Comments      


Caption contest!

Friday, Aug 7, 2020 - Posted by Rich Miller

* From YouTube

Representative Jim Durkin and Senator John Curran host a two-part virtual reptile show with the Traveling World of Reptiles called, ‘Reptiles Go Virtual!’

Leader Durkin made a brief appearance at the start of the first video, but it’s all Sen. Curran after that. I asked Durkin’s spokesperson why he wasn’t around. Her text…

Yeah unfortunately something came up on the filming day so he barely got to be there.

“Sorry, John, but something has definitely come up and I really gotta split. I feel so bad for leaving you like this. Toodles!”

* Screen cap…

  30 Comments      


Pritzker unveils new proposed rules on mask-wearing - won’t apply to individuals

Friday, Aug 7, 2020 - Posted by Rich Miller

* I’ve been telling subscribers about this for a few days now…

Building on efforts to protect Illinois’ workers and communities in response to the ongoing COVID-19 pandemic, Governor JB Pritzker announced that the Illinois Department of Public Health (IDPH) will file emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings. The governor also signed SB471 to help protect workers who continue to serve on the frontlines of the fight against COVID-19.

“As I’ve visited with and listened to mayors and health departments all across our state, it’s clear there is still an even greater need to get people to wear masks – especially to protect frontline workers, whether they’re at the front of a store asking you to put on your mask or whether they’re responding to 911 calls to save those in distress,” said Governor JB Pritzker. “These rules, which provide multiple opportunities for compliance before any penalty is issued, are a commonsense way to enforce public health guidelines. Illinois has made substantial progress in our fight against COVID-19 because the vast majority of communities and business owners have done the right thing. These rules will help ensure that the minority of people who refuse to act responsibly won’t take our state backward.”

“We know that face coverings are key to helping prevent the spread of COVID-19, but it only works if everyone wears them,” said IDPH Director Dr. Ngozi Ezike. “We are seeing cases increasing each day and hearing about people not complying with the masking mandate. This rule is an effort to help keep all of us healthy and decrease the risk of contracting COVID-19.”

NEW IDPH COVID-19 EMERGENCY RULES

In an effort to maintain the progress we have made in Illinois’ COVID-19 pandemic response, the Pritzker administration is filing emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings.

These rules provide multiple opportunities for compliance before any penalty is issued, giving local health departments and local law enforcement more leeway to support community public health in a productive manner. While existing, pre-pandemic enforcement laws, like revoking a license, are stringent and severe, these rules provide flexibility for local communities and a measured process to help keep people safe.

That process is as follows:

    • First, businesses will be given a warning in the form of written notice and encouraged to voluntarily comply with public health guidance.
    • Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises as needed to comply with public health guidance and reduce risks.
    • Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,500.

These rules do not apply to individuals and penalties will not exceed a misdemeanor and a $75-$2,500 fine.

The emergency rules also reinforce the authority of IDPH and local health departments to investigate COVID-19 cases and reaffirm that businesses have a responsibility to cooperate with those investigations.

The proposal now goes before JCAR, which is scheduled to meet next week. Again, subscribers know more.

* SB471…

As Illinois’ essential workers continue to serve on the frontlines of the fight against COVID-19, Governor Pritzker signed SB 471 to expand workplace protections. To directly protect workers in retail, the law adds a penalty for assaulting or battering a retail worker who is conveying public health guidance, such as requiring patrons to wear face-coverings or promoting social distancing. This provision sends the message that it’s vitally important for workers to be both respected and protected while serving on the front lines.

“As we continue to adapt to the changes forced on us by the current pandemic, we have to also create a response that addresses the long-time issues it has exacerbated,” said Senate Majority Leader Kimberly A. Lightford. “Our essential workers put their lives at risk for us to stay safe, and it is clear that we have to continue to do better to protect working class people with a renewed commitment to providing basic rights for everyone.”

“As our state faces the challenges created by the ongoing global pandemic, we are doing all we can to support and protect our front line and essential workers,” said State Representative Jay Hoffman. “This legislation allows front line workers that have been impacted by COVID-19 to focus on recovering while sending a clear message to all our essential workers that we are behind them and will do all we can to protect their safety and well-being.”

The law also increases paid disability leave for any injury that occurs after March 9, 2020 by 60 days for firefighters, law enforcement and paramedics whose recovery was hindered by COVID-19.

More specifically, eligible employees include:

    • Any part-time or full-time State correctional officer or any other full or part-time employee of the Department of Corrections
    • Any full or part-time employee of the Prisoner Review Board
    • Any full or part-time employee of the Department of Human Services working within a penal institution or a State mental health or developmental disabilities facility operated by the Department of Human Services
    • Any full-time law enforcement officer or full-time firefighter

These measure build upon the Pritzker administration’s efforts to protect the safety and livelihood of Illinois residents by continuing to enforce all labor laws during the pandemic.

SB 471 takes effect immediately.

…Adding… Center Square

A member of the Joint Commission on Administrative Rules who has seen a draft copy of the rule expected to be addressed Tuesday in Springfield said a special session of the legislature is needed to debate the issues, rather than unilateral rules.

“I am very skeptical and uncomfortable with the administration setting up new criminal enforcement regulation outside of the legislative process,” said state Sen. Paul Shcimpf, R-Waterloo. […]

Schimpf said the legislature needed to make state laws, not the governor.

State statutes have long made any violation of an IDPH rule a Class A Misdemeanor. There’s absolutely nothing new here except for the procedure outlined above to narrow the scope and the downright harmful politics of this pandemic.

  34 Comments      


Report: 99.5 percent of calls to IDES unanswered

Friday, Aug 7, 2020 - Posted by Rich Miller

* Whoa

WGN Investigates found between March 1 and July 1, there were about 78.5 million calls to IDES. Of those, 393,000 were answered. That doesn’t even reach 1% of the calls coming in.

It’s actually about one-half of one percent.

  45 Comments      


Appellate court rules Tillman lawsuit can be heard

Friday, Aug 7, 2020 - Posted by Rich Miller

* Some background is here and here. From the Wall St. Journal

An appeals court in Illinois has reinstated litigation seeking to block payments on $14.3 billion in municipal debt, saying the attempt to restrain borrowing in the country’s worst-rated state isn’t frivolous or malicious.

The appellate court said John Tillman, chief executive of the right-leaning Illinois Policy Institute, had put forth a legitimate claim in support of his theory that past bond sales by the state were impermissible.

* Law360

An Illinois appellate court on Thursday resurrected a challenge to $14.3 billion in state bonds that a conservative think tank CEO claims were issued unconstitutionally, ruling that his complaint wasn’t frivolous or malicious and that a trial court shouldn’t have denied his petition to file it.

According to his petition for leave to file a taxpayers’ suit, Illinois Policy Institute CEO John Tillman claimed that bonds issued in 2003 and 2017 to purportedly help address massive pension and bill backlog obligations were not put toward a “specific purpose” for which the Illinois constitution allows it to enter into new long-term debt.

* From the opinion

We repeat that we express no opinion on the merits of Tillman’s claims. We merely conclude for the purpose of this proceeding that Tillman should be permitted to file the complaint.

* From the governor’s office…

As has been noted previously, the bond issuance process under Illinois law includes several layers of review and sign off by bond counsel and Attorney General Lisa Madigan. The result is bonds that meet stringent legal standards, and these offerings met those standards. This lawsuit continues to be a tired tactic of the extreme right who continue to push their ideology over sound fiscal policy. This administration will continue to focus on the important work of acting responsibly to keep the state on stable fiscal footing.

Background…

Unlike other lawsuits, there is an extra step to file a taxpayer suit.

A plaintiff seeking to file a taxpayer suit must first file a Petition for Leave to File the lawsuit. Normally, that is a non-event and most suits are allowed to be filed.

Here the lower court ruled against Tillman and refused to allow the suit to even be filed. The Appellate Court disagreed. What that means is the suit can be filed — and will start at the first first step.

* Comptroller Susana Mendoza…

I strongly disagree with the ruling of the appellate court that reinstated former Governor Bruce Rauner’s #1 advisor and the Illinois Policy Institute CEO John Tillman’s irresponsible lawsuit, aimed at tanking Illinois’ finances - for the profit of named or unnamed hedge funds.

Bond counsel and the state Attorney General signed off on all these bonds. They were constitutional and we are confident Tillman will ultimately lose. While the fiscally responsible 2017 bond offering I championed saved taxpayers $4-$6 billion and served as a lifeline to businesses across Illinois, it hurt the profit margins of those who chose to bet against Illinois. Never bet against Illinois. Shame on them then, and shame on them today. This lawsuit is nothing more than garbage.

  13 Comments      


Police departments facing big cuts during steep recession

Friday, Aug 7, 2020 - Posted by Rich Miller

* Sinclair

It might not be happening the way activists imagined, but calls to defund the police are becoming a reality as law enforcement agencies face the dual pressures of coronavirus-related budget shortfalls and nationwide protests.

According to a new survey by the Police Executive Research Forum (PERF), police agencies across the country could be facing some of the deepest cuts in a decade, even worse than during the Great Recession.

Roughly half of the 258 police agencies surveyed reported their funding has been cut or they expect it to be cut this year. Most said they are seeing reductions of 5-10% of their budgets. Others reported cuts exceeding 15%. […]

According to PERF respondents, the resources to implement those reforms are evaporating. Police agencies reported the deepest cuts in spending on equipment, personnel and training. That will make it more difficult to attract and hire new officers, purchase equipment like body cameras and train officers in de-escalation and implicit bias.

* USA Today

Chuck Wexler, executive director of the D.C.-based think tank that authored the report, said police operations have not confronted such a threat since the financial crisis of 2008, when operations and force numbers were cut dramatically to account for the steep decline in available public funds. […]

Even smaller cities facing less pressure from the social justice movement have not been able to escape an unfolding financial crisis driven by the COVID-19 pandemic.

In Steamboat Springs, a ski-resort town in northwest Colorado largely supported by tourism-driven sales tax dollars, the police department is cutting its budget by 28% or nearly $1.5 million. It means that vacant positions will go unfilled and civilian employees are taking a 10% pay cut, Police Chief Cory Christensen said.

The police department’s training and recruiting budgets already have been zeroed out.

If Congress doesn’t act, these cuts are only going to get worse. The earlier package does not allow the federal money to replace lost revenues. It can only be spent on unanticipated COVID-related expenses.

  20 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Friday, Aug 7, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** LIVE COVERAGE ***

Friday, Aug 7, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


  1 Comment      


« NEWER POSTS PREVIOUS POSTS »
* Do better
* Big Beautiful Bill roundup: Pritzker says special session may not be needed, warns 330,000 Illinoisans could lose Medicaid; Planned Parenthood of Illinois pledges to continue care despite cuts
* RETAIL: The Largest Employer In Illinois
* 'The Chosen One' tones himself down
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Selected press releases (Live updates)
* Live coverage
* Selected react to budget reconciliation bill passage (Updated x3 - Comments open)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
July 2025
June 2025
May 2025
April 2025
March 2025
February 2025
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller